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-3- train order to run OPSE-7 westward against the current of traffic on track No. 2, by train order, to the OW interlocking station at Tarrytown, New York; and hold it at OW until the upper Hudson Line dispatcher could take the train when it would not delay the westbound commuter trains.

OPSE-7 arrived at Glenwood at 3:20 p.m. and had completed backing onto track No.2 at 3:42 p.m. After talking with the operators at the DV and OW interlocking stations, the dispatcher determined that there were no trains between OW and Glenwood on track No. 2. (See appendix C.) The dispatcher instructed the OW operator to apply a blocking device for track No. 2 east. The OW operator did not apply the blocking device, but he replied "BDA (blocking device applied) signal 6 at 3:49." Even though the operator did not indicate train order signal displayed, the train dispatcher issued train order No. 304, a "J" order to the OW operator:

"Hold all eastward trains clear of No. 2 track between OW and Glenwood."

The OW operator copied the order and repeated it to the dispatcher. The order was "made complete" at 3:50 p.m.

The dispatcher then issued train order No. 305 to the OW operator, the DV operator, and the conductor and the engineer of Extra 2806 (OPSE-7) in care of the DV operator:

"Extra 2806 West has right over opposing trains on No. 2 track Glenwood to OW."

Both operators copied and repeated the order, and the order was made complete at 3:54 pm. The OW operator confirmed to the dispatcher that the block between Glenwood and OW was clear of any trains. The DV operator transmitted order No. 305 over Conrail radio channel NO. 2 to the engineer of OPSE-7. The engineer repeated the order and it was made complete at 3:57 p.m. The DV operator reported that OPSE-7 departed Glenwood westbound on track No. 2 at 4:08 p.m.

As westbound OPSE-7 rounded a 0°54′ curve approaching Dobbs Ferry, New York, about 4:12 p.m., the engineer and head brakeman saw a train approaching in the distance. At the first sighting of the train, the engineer and head brakeman said they were not able to determine which track the train was on because of the curve; but they thought that it was on another track. However, as OPSE-7 continued around the curve, the engineer and head brakeman saw that the train was on the same track. The engineer said he immediately applied the train brakes in emergency and the train started slowing from 38 mph. When it became evident that a collision would occur, the engineer and head brakeman laid on the locomotive cab floor.

At 3:56 p.m., eastbound Amtrak passenger train No. 74, the Empire State Express, consisting of a power club car, a food service car, three coach cars, and a power car, departed Croton-Harmon Station on track No. 2. At this time, the engineer switched, as required, from channel 2 to channel 3 because his train was now entering the commuter district.